American Cyanamid Co v Ethicon Ltd
1975 · [1975] AC 396
Posted By lanbuk.com
- Facts
- American Cyanamid held a patent for absorbent surgical sutures. It sought an to stop Ethicon launching a rival product before trial.
- Issue
- What must a claimant show to get an interim injunction?
- Held
- The House of Lords held that the claimant need not show a strong case. It is enough that there is a serious question to be tried. The court then considers whether damages would be adequate for either side, and the balance of convenience. The was granted.
- Principle
- An interim injunction depends on a serious question to be tried, the adequacy of damages, and the balance of convenience.
- Why it matters
- It sets the test used across the common-law world, including in Sierra Leone.
Words and Latin in this note
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
Also on Lanbuk
- American Cyanamid Co v Ethicon Ltd in Lanbuk on the Law of Torts
- American Cyanamid Co v Ethicon Ltd in Lanbuk on Sierra Leone Legal System
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.